Commercial Lease Gross-Ups
Commercial leases often contain gross-up provisions relating to the calculation of the tenant's share of operating costs and realty taxes. There are also gross-up provisions relating to the calculation of the tenant's rentable area. What are gross-up provisions? Why are they necessary, and are they fair? What are the issues associated with gross-ups that landlords and tenants need to consider? This article addresses these and other issues.
Plug Pulled on Live Video Testimony
The first part of this article described <i>People v. Wrotten</i>, in which the complainant was too fragile to travel, and the court granted the prosecution's request to allow him to testify by video. The conclusion of the article herein discusses the issues raised by video testimony.
A Case of Mistaken Identity?
Accurate assays for lead and phthalates in consumer products are critically important. Current analytical methods have not been subjected to rigorous peer review and validation to demonstrate that they are reliable and reproducible at the levels required for legal determination of compliance.
Practice Tip: Keys to Successful Negotiation of Clinical Trial Agreements
Clinical trial agreement ("CTA") negotiation has become the most common cause of delay in studies. Because the cost of bringing a new drug to market is astronomical, pharmaceutical companies typically lose millions of dollars per week as a result of any delay in the process.
The SAFET Y Act
The fundamental intent of the SAFETY Act is to encourage companies to design, develop, and deploy ATT to protect high-value terrorist targets owned by government or commercial entities, here in the U.S. and abroad. Here's how to comply.
Features
Changes to Form I-9: Administrative on Their Face; Substantive In Effect
As of April 3, 2009, employers were required to use the new Form I-9 for employment eligibility verification for new employees and applicable re-hires. The new form is the latest step in what has been an unsystematic effort by the United States government to create and enforce immigration laws in the workplace.
Ordinary Leaders: An Untapped Resource
The kind of leadership that works best is not always the kind of leadership to which a managing partner is most naturally suited. Many organizational issues that a leader must face call for what we call "ordinary leadership."
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Collision of Classes and the Training Challenge
How will law firms deal with the different class and experience levels that may be joining law firms at the same time? In this new legal world, designating classes for advancement by law school graduation year may no longer be feasible.
Qualified Plan Risk Management
You may be generally aware of certain fiduciary duty ERISA risks, and you may think you are protected from them. But odds are, you are not aware of all the risks and you are not protected from them.
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- Coverage Issues Stemming from Dry Cleaner Contamination SuitsIn recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.Read More ›
- 'Insurable Interest' and the Scope of First-Party CoverageThis article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.Read More ›
- The Flight to Quality and Workplace ExperienceThat the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.Read More ›
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- The Powerful Impact of The Non-Foreclosure Notice of PendencyRPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.Read More ›